S.Naurang vs S.Raman
2021 Latest Caselaw 12138 Mad

                                                                                 Crl.O.P.No.3407 of 2018

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 22.06.2021

                                                             CORAM

                                      THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                   Crl.O.P.No.3407 of 2018
                                                             And
                                             Crl.M.P.Nos.1497 and 1498 of 2018


                     S.Naurang                                                ... Petitioner

                                                                Vs.

                     S.Raman                                                  ... Respondent

                     Prayer:
                                   Petition filed under Section 482 of Cr.P.C., seeking to call for the

                     records in C.C.No.299 of 2017 pending on the file of the Judicial

                     Magistrate at Tirukoilur and quash the same.


                                        For Petitioner     : Mr.G.Mohanakrishnan
                                                             for M/s.J.Manikandan
                                        For Respondent     : Mr.S.Kumaresan


                                                            ORDER

The petitioner had filed this petition seeking to call for the

records in C.C.No.299 of 2017 pending on the file of the learned

Judicial Magistrate at Tirukoilur and to quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3407 of 2018

2.The learned counsel appearing for the petitioner submits that

the respondent alleges that the petitioner had borrowed a sum of

Rs.15 Lakhs for his family expenses and for business purposes from

the respondent on 03.07.2017. Thereafter, the petitioner issued

cheque to the respondent on 03.10.2017 for discharge of the loan

amount and the said instrument when presented by the respondent in

Karur Vysa Bank on the same day returned with endorsement

'insufficient funds'. Thereafter, the respondent issued legal notice to

the petitioner and the same returned with endorsement 'un-claimed'.

Thereafter, the respondent filed private complaint in C.C.No.299 of

2017 pending on the file of the learned Judicial Magistrate at

Tirukoilur. Challenging the same, the petitioner has filed this petition.

3.The learned counsel appearing for the petitioner further

submits that the instrument was returned by the Bank with

endorsement 'drawers signature differs', however, suppressing the

same, the respondent has stated in the complaint that the instrument

returned with endorsement 'un-claimed'. Therefore, the issuance of

cheque is doubtful and the complaint is liable to be quashed.

Accordingly, he pray for allowing the criminal original petition.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3407 of 2018

4.Heard the submissions made by the learned counsel appearing

for the respondent.

5.The initial burden lies on the complainant to establish that the

cheque was signed by the petitioner and issued by the petitioner. The

issue raised is a triable issue which has to be decided by the Trial

Court after trial.

6.Hence, I am not inclined to interfere with the proceedings in

C.C.No.299 of 2017 on the file of the learned Judicial Magistrate at

Tirukoilur.

7.It is now represented by the learned counsel appearing for the

petitioner that without going into the merits of the case, it would

suffice, if this Court issues direction to the Trial Court to expedite the

trial and complete the same as early as possible. He would further

submit that the appearance of the petitioner before the Trial Court

may be dispensed with.

8.The learned counsel appearing for the respondent raise no

serious objection for the request now made by the learned counsel

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3407 of 2018

appearing for the petitioner.

9.In view of the above, this Court directs the learned Judicial

Magistrate at Tirukoilur, to expedite the trial in C.C.No.299 of 2017

and complete the same, as expeditiously as possible. The appearance

of the petitioner before the Trial Court is dispensed with. However,

this order will not stand on the way of the Trial Court to insist for the

appearance of the petitioner for receiving copies under Section 207 of

Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C.

and judgment and as and when the Trial Court feels it necessary.

10.With the above directions, this criminal original petition is

disposed of. Consequently, connected miscellaneous petitions are

closed.

22.06.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The Fast Track Metropolitan Magistrate Court No.III, Saidapet, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3407 of 2018

M.DHANDAPANI,J.

pri

Crl.O.P.No.3407 of 2018 And Crl.M.P.Nos.1497 and 1498 of 2018

22.06.2021

https://www.mhc.tn.gov.in/judis/